ALBANY, N.Y. – Lawmakers in New York state today passed legislation protecting New Yorkers from toxic food chemicals, advancing the bill for the governor’s signature.
The New York Assembly’s 106-32 vote to pass the bill today was the final step needed after the state Senate approved the legislation March 23 in a unanimous 60-0 vote.
The Food Safety and Chemical Disclosure Act (A.1556F/S.1239F) would, if enacted, ban three harmful substances from food manufactured, distributed or sold in the state. It would also require companies to make new disclosures about chemicals added to food without stringent review.
“New York is stepping up where Washington has slowed down,” said Jessica Hernandez, Environmental Working Group’s legislative director.
“This bill will increase transparency and protect consumers from toxic chemicals in New York’s food supply. Without federal action, it’s up to the states to keep us safe from harmful additives in the foods we eat and feed to our families,” she added.
Assemblymember Anna Kelles, Ph.D. (D-Assembly District 125), and state Sen. Brian Kavanagh (D-Senate District 27) are the prime sponsors of the bill. If enacted, it would create a state-level ban of three harmful food chemicals and reform the “generally recognized as safe,” or GRAS, loophole.
“Today, in spite of an onslaught of misinformation from the food industry, we are taking a critical step toward protecting New Yorkers from having to guess what potentially harmful chemicals might be lurking in the food they eat,” said Kavanagh.
“Since processed foods are produced and distributed nationally, we hope and expect that the public disclosure required by this legislation for foods sold in New York will reverberate across the United States, as Americans increasingly demand safety and accountability.
“I thank Assemblymember Dr. Anna Kelles for her tenacious advocacy and expertise, Majority Leader Andrea Stewart-Cousins and Speaker Carl Heastie, our colleagues on both sides of the aisle, and the many national and state advocates, scientists, doctors, faith leaders and community organizations whose determination and support were integral to this effort— as well as the many New Yorkers who just want safer, healthier food for themselves and their families,” he added.
The bill would also require companies to disclose to the state when they add to food and drinks chemicals they determine are GRAS.
“New Yorkers are worried and frustrated at how much control they have lost over their health. People are trying to make informed choices, but they cannot do that if they do not know what is in their food or what the health impacts may be,” said Dr. Kelles.
“The history here matters. The GRAS concept was created in 1958 to exempt common ingredients like salt and vinegar from unnecessary review. It was never intended to allow new, synthetic chemical additives into the food supply without oversight or transparency. Over time, through [Food and Drug Administration (FDA)] rulemaking, companies were allowed to determine on their own that a chemical is safe without notifying the FDA or making the evidence public. As a result, chemicals are often identified years or even decades after they are already in our food, through independent research or after health concerns emerge.
“This legislation restores transparency to that process. It requires companies to make public the safety analysis they already completed under federal standards before a food containing that chemical can be sold in New York, allowing regulators, researchers, and the public to evaluate those determinations. It also removes specific chemicals from the food supply that have established links to cancer, hormone disruption, and organ damage. This is a measured, evidence-based approach that reflects bipartisan agreement that the public has a right to know what is in their food and the basis for its safety.
“With a federal government that is averse to regulations that restrict corporate profits, and an FDA with constrained resources that relies heavily on industry self-determination, it is up to states to protect public health. I look forward to working with my Assembly and Senate colleagues and the governor to see this bill into law,” she said.
Supporters of the bill include the EWG, Center for Science in the Public Interest, Consumer Reports, Clean + Healthy New York, Interfaith Public Health Network and others.
Stepping in where the FDA hasn’t
At the federal level, nearly 99% of new food chemicals introduced since 2000 were greenlit by the food and chemical industry, not the FDA, the agency tasked with ensuring our food supply is safe.
While many of the chemicals added to food are likely safe to eat, the three chemicals the bill targets pose a threat to public health:
- Potassium bromate has been linked to cancer but has not been meaningfully reviewed for safety by the FDA since 1973. It has been banned from use in processed food in the European Union since 1990. That same year it was also added to California’s Proposition 65 list of chemicals that may cause cancer.
- Propyl paraben has not been thoroughly reviewed for safety by the FDA since 1977. It has been linked to harm to the hormone and reproductive systems, including decreased sperm counts. It has been prohibited from use in food in the EU since 2006 but is still used as a preservative in the U.S.
- Red Dye no. 3 has been linked to cancer and behavioral problems in children. It is found in more than 2,000 food products, including many types of candy, cookies and other food marketed to children. In 1990, the FDA banned Red 3 in cosmetics, citing cancer risks, but didn’t ban it from food until 2025. Since 1994, the EU has allowed Red 3 to be used in candied and cocktail cherries only.
Closing the loophole
Following passage of many state food safety laws, companies have already begun to reformulate their products to remove harmful food chemical ingredients, with no impact on consumers. But New York would be the first to hold companies accountable by requiring them to show their work and provide the state with evidence of the safety of any “secret” GRAS substances.
The GRAS loophole allows companies to decide, without independent FDA oversight, which substances are safe. The FDA’s notification system is completely voluntary, so companies can decide whether to tell the FDA if they deem a substance GRAS or not. They may put the chemical in food even if they don’t disclose it to the FDA.
The Food Safety and Chemical Disclosure Act fixes that problem. It represents the most important reform to the U.S. food chemical review process in decades. It will not only protect New Yorkers but also position the state as a food safety leader by exposing safety oversights in the GRAS loophole for all.
Media note: additional quotes from experts
Brian Ronhom, director of food policy, Consumer Reports
Press contact: [email protected]
The FDA’s system for ensuring the safety of food additives is fundamentally broken. For too long, food manufacturers have exploited a loophole in federal law that enables them to secretly introduce new additives into their products without undergoing any review by the FDA. This bill will help protect the public by requiring greater transparency when new chemicals are introduced into our food without FDA review. Consumer Reports commends Senator Kavanagh and Assemblymember Kelles for their leadership on this critical food safety issue.
Jensen Jose, Center for Science in the Public Interest Senior Regulatory Counsel
Press contact: [email protected]
The Center for Science in the Public Interest commends the New York State Legislature for guarding public health and leading the nation in GRAS reform. As federal regulators continue to fall short, Albany lawmakers are setting an example our country and other states can and should follow. After decades of corporate self-interest overriding public safety, this bill represents a monumental step toward a food environment New Yorkers can trust. We urge the governor to sign the bill into law immediately.
Karla Sosa, Ph.D., Environmental Defense Fund manager for New York state affairs
We deserve to know that the food we put on our tables won’t make our families sick. For too long, a broken system has stood in the way of that basic assurance. New York isn’t waiting. This bill brings transparency and accountability to a system that has operated in the dark for decades, and it puts pressure on federal regulators to catch up. We commend the legislature on this bill’s passage and urge the governor to sign it into law.
Todd Wagner, co-founder of FoodFight USA
This landmark New York legislation sets the U.S. on the right track toward cleaning up our tainted food supply, and we hope that other states and the federal government will soon follow. The GRAS loophole has allowed more than 10,000 chemicals into our food system. This is a uniquely American problem—no other country gives companies this kind of power to self-regulate. In much of the world, regulatory systems rely on independent scientific review, require pre-market approval, and account for cumulative effects. As a result, approved additives are in the hundreds, not thousands. It’s time for the U.S. to catch up by requiring public disclosure.
Bob Pezzolesi, convener, Interfaith Public Health Network
On behalf of the faith partners and public health professionals in our network, we at IPHN celebrate the passage of the Food Safety and Chemical Disclosure Act as an important step toward a safer and healthier food system in New York. In fact, the first-of-its-kind transparency required by this legislation will benefit all Americans. We are grateful to Senator Kavanagh and Assemblymember Dr. Kelles for their tireless leadership in getting this across the finish line.
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The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.
